DIRECTIVE PRINCIPLES OF STATE POLICY

NATURE

l	Articles 38 to 51 deals with the Directive Principles of State Policy. This concept was borrowed from the Irish Constitution. The directive principles lay down certain socio-economic goals which the government of India seeks to achieve.
l	These directives are not enforceable in the court of law. The reason behind the non-justiciability of the principles is that they impose positive obligations on the government.
l	Then why have them? It was more to have an awakened public opinion.
l	When directive principles override the fundamental rights, the courts have held that it is the fundamental rights that will prevail. The fundamental rights are justiciable wherein the directive principles are not. The laws made to implement directive principles cannot take away the fundamental rights.
l	If the Parliament in its capacity of an amending body amends the Constitution, by which a fundamental right is taken away or is abridged the court cannot declare the Constitutional amendment as wrong.
l	Both the directive principles and the fundamental rights have to coexist harmoniously. There has to be a harmonious construction between the directive principles and the fundamental rights.

DIRECTIVE PRINCIPLES- WHAT IT SEEKS TO ACHIEVE

l	The directive principle seeks to create certain obligations upon the government and at the same time gives certain rights to its citizens.
l	The obligation it imposes upon the State:-
	i)	Directs the State to strive for social, political, and economic equality Article 38(1)
	ii)	To minimize inequality of income Article 38(2)
	iii)	To direct its policy towards controlling material resources Article 39 (b) and concentration of wealth in the hands of few Article 39(c).this affects the entire economic system of our nation.
	iv)	To enable the citizens to have village panchayats Article 40.
	v)	Welfare of the workers .and to promote cottage industries on individual or cooperative basis in rural areas Article 42, 43.
	vi)	To strive for a uniform civil code Article 44.
	vii)	Provision of free and compulsory education for children Article 45.
	viii)	Educational and economic interests for the weaker sections of the people Article 46.
	ix)	To regard as its primary duty to improve public health and raise nutritional levels and standard of living Article 47.
	x)	To organize agriculture and animal husbandry Article 48.
	xi)	To protect and improve environment safeguard wildlife and forests of the country Article48A.
	xii)	Places of historical interest to be protected Article 49.
	xiii)	Independence of judiciary from executive Article 50.
	xiv)	To promote international peace and security and harmonious relations between countries. To abide by treaties and international law Article 51.
l	The rights that the directive principles give its citizens. Though these are non-justiciable rights there are statutes which implement these provisions.
	i)	Right to means of livelihood Article 39(a)
	ii)	Equal work for men and women Article 39(d)
	iii)	Health of the workers Article 39(e)
	iv)	Protection against exploitation and moral and material abandonment Article 39(f)
	v)	To get free legal aid Article 39 A
	vi)	To have humane conditions of work and maternity leave Article 42.
	vii)	Participation of workers in the management Article 43A.
	viii)	Compulsory and free education for children Article 45. This directive just does not mean primary education but education till the age of 14 years.

FUNDAMENTAL DUTIES

l	Article 51A contains ten Fundamental Duties which were brought in by the
	i)	To abide by the Constitution . Respect the national flag and anthem.
	ii)	To cherish and follow the noble ideas which inspired our national struggle for freedom
	iii)	To uphold and protect the sovereignty, unity and integrity of India.
	iv)	To defend the country and render national service when called upon to do so.
	v)	To promote harmony and the spirit of common brother hood amongst all the people of India transcending religious, linguistic, and regional diversities; to renounce practices derogatory to dignity of women.
	vi)	To value the rich heritage of our composite culture.
	vii)	To protect and improve the natural environment including forests, lakes rivers and wildlife, and to have compassion for living creatures.
	viii)	To develop scientific temper, humanism and spirit of enquiry and reform.
	ix)	To safeguard public property and to abjure violence
	x)	To strive towards excellence in all spheres of individual and collective activity so that nation constantly rises to higher levels of endeavor and achievement.